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(영문) 서울남부지방법원 2019.01.11 2018고단3089
강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is the borrower, and the victim C(the age of 55) is a representative engineer, who is not aware of each other.

On April 14, 2018, at around 04:35, the Defendant used the victim's satisfe-fashion while driving on his own in Guro-gu Seoul Metropolitan Government D, and led the victim to indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of each protocol of police statement;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Provisional Payment Order takes into account the methods, contents, etc. of the instant crime, and taking into account the fact that the Defendant is against, the sentence is identical to the disposition, taking into account the following factors: (a) the criminal records of the Defendant; (b) the criminal records; (c) the character and conduct; (d) the environment

A defendant becomes subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when his/her conviction on a crime subject to registration becomes final and conclusive, and is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, victim’s age, relationship with the victim, degree and expected side effects of the Defendant’s disadvantage due to the above order, registration of personal information, order to complete a program, or order to attend a course, the effect of protecting the victims, etc., there are special circumstances in which the disclosure of personal information, order to notify personal information, and order to restrict employment should not be issued.

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